Keywords
Summary

Keywords

1. Freedom to provide services — Treaty provisions — Scope — Activity of operating games of chance or gambling machines — Whether included — Monopoly in the operation of those games — Article 31 EC not applicable — ( Arts 2 EC, 28 EC, 29 EC, 31 EC and 49 EC)

2. Freedom to provide services — Restrictions — National legislation restricting the right to operate games of chance or gambling to casinos — Justification — Maintenance of order in society and prevention of fraud — Existence of less stringent conditions in other Member States — Not relevant — Methods of organisation and control — Discretion of national authorities — ( Art. 49 EC)

Summary

1. Games of chance and gambling constitute economic activities within the meaning of Article 2 EC. In particular, the activity of operating gaming machines must, irrespective of whether or not it is separable from activities relating to the manufacture, importation and distribution of such machines, be considered a service within the meaning of the Treaty and, accordingly, it cannot come within the scope of Articles 28 EC and 29 EC relating to the free movement of goods. Furthermore, since they constitute services, a monopoly in the operation of such games does not fall within the scope of Article 31 EC, which refers to trade in goods.

see paras 48, 56, 59-61, operative parts 1-3

2. National legislation which authorises the operation and playing of games of chance or gambling solely in certain places such as casinos and is applicable without distinction to its own nationals and nationals of other Member States constitutes a barrier to the freedom to provide services. However, Articles 49 EC et seq. do not preclude such national legislation, provided that it is based on concerns of social policy and the prevention of fraud.

Furthermore, the fact that there might exist, in other Member States, legislation laying down conditions for the operation and playing of games of chance or gambling which are less restrictive than those provided for by the legislation in question has no bearing on the compatibility of the latter with Community law. It is for national authorities to consider whether, in the context of the aim pursued, it is necessary to prohibit activities of that kind, totally or partially, or only to restrict them and to lay down more or less rigorous procedures for controlling them.

It is also solely for the national authorities to choose, in the context of the discretion which they enjoy, the methods for organising and controlling the operation and playing of games of chance or gambling, such as the conclusion with the State of an administrative licensing contract or the restriction of the operation and playing of certain games to places duly licensed for that purpose.

see paras 75, 79, 81, 87-88, operative parts 4-6